 Bennett Jones Article From Shield to Sword : The Evolution of Indigenous Economic Rights in Canada February 17, 2023 AuthorsMartin Ignasiak KCPartner Martin Ignasiak co-authors a new Macdonald-Laurier Institute (MLI) paper on the evolution of Indigenous economic rights in Canada and the impact on resource development in the country.
From Shield to Sword explores recent Court decisions and explains how Indigenous rights have evolved from being a shield for proponents (their consent and support reducing the risk of a legal challenge based on Indigenous rights) to being a sword for proponents, including Indigenous proponents (Indigenous consent and support limiting the ability of governments to reject those projects).
Martin and co-author Heather Exner-Pirot, Senior Fellow and Director of the Natural Resources, Energy and Environment Program at MLI, say that, "Many Indigenous communities have determined that it is in their interests to pursue economic benefits through resource development in the form of royalties, payments, employment, business contracts, and even equity positions. They are now turning to the Courts to protect those interests, and are starting to find success."
The full paper is available here. For informational purposes only
This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors.
AuthorsMartin Ignasiak KC, Partner • Head of Energy Regulatory Practice Calgary, Toronto, Vancouver • 403.298.3121 • ignasiakm@bennettjones.com |